Bell v. State

699 So. 2d 674, 1997 WL 417308
CourtSupreme Court of Florida
DecidedJuly 17, 1997
Docket86094
StatusPublished
Cited by45 cases

This text of 699 So. 2d 674 (Bell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. State, 699 So. 2d 674, 1997 WL 417308 (Fla. 1997).

Opinion

699 So.2d 674 (1997)

Michael BELL, Appellant,
v.
STATE of Florida, Appellee.

No. 86094.

Supreme Court of Florida.

July 17, 1997.
Rehearing Denied September 17, 1997.

*675 Nancy A. Daniels, Public Defender and W.C. McLain, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Sara D. Baggett, Assistant Attorney General, West Palm Beach, for Appellee.

PER CURIAM.

We have on appeal the judgment and sentence of the trial court imposing the death penalty upon Michael Bell. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We affirm.

On December 9, 1993, appellant Michael Bell shot to death Jimmy West and Tamecka Smith as they entered a car outside a liquor lounge in Jacksonville. Three eyewitnesses testified regarding the murders, which the trial court described in the sentencing order as follows. In June 1993, Theodore Wright killed Lamar Bell in a shoot-out which was found to be justifiable homicide committed in self-defense. Michael Bell then swore to get revenge for the murder of his brother, Lamar Bell. During the five months following Lamar Bell's death, Michael Bell repeatedly told friends and relatives he planned to kill Wright. On December 8, 1993, Michael Bell, through a girlfriend, purchased an AK-47 assault rifle, a thirty-round magazine, and 160 bullets. The next night, Bell saw Theodore Wright's car, a yellow Plymouth. Bell left the area and shortly returned with two friends and his rifle loaded with thirty bullets. After a short search, he saw the yellow car in the parking lot of a liquor lounge. Bell did not know that Wright had sold the car to Wright's half-brother, Jimmy West, and that West had parked it and had gone into the lounge. Bell waited in the parking lot until West left the lounge with Tamecka Smith and another female. Bell picked up the loaded AK-47 and approached the car as West got into the driver's seat and Smith began to enter on the passenger's side. Bell approached the open door on the driver's side and at point-blank range fired twelve bullets into West and four into Smith. The other female ducked and escaped injury. After shooting West and Smith, Bell riddled with bullets the front of the lounge where about a dozen people were waiting to go inside. Bell then drove to his aunt's house and said to her, "Theodore got my brother and now I got his brother."

Appellant was charged with two counts of first-degree murder. At trial in March 1995, appellant pleaded not guilty by reason of self-defense, stating that he believed West had reached for a weapon just before appellant began shooting. The defense presented no evidence or witnesses. A jury found appellant guilty of the first-degree murders of Smith and West and unanimously recommended the death penalty for both murders. During the penalty phase, a lounge security guard testified for the State that he and seven or eight other people were in the line of fire and hit the ground when appellant sprayed bullets in the parking lot of the lounge. He also testified that appellant shot four or five bullets into a house next door in which three children were residing at the time. The State introduced a copy of a record showing that appellant was convicted of armed robbery in 1990. Also during the penalty phase, appellant's mother testified for the defense that she and appellant had *676 received death threats from Wright and West. She testified that appellant was in good mental health and was gainfully employed and that she believed he did not commit the murders. In a single sentencing order covering both homicides, the court followed the jury's unanimous recommendation and imposed death sentences, finding three aggravating circumstances[1] and one marginal statutory mitigating circumstance.[2]

We find no merit in appellant's first claim that the trial court erred in failing to conduct proper inquiries under Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), and Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). We examine first the Nelson claim and find that the trial court did comply with the requirements of Nelson, which we adopted in Hardwick v. State, 521 So.2d 1071 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 185, 102 L.Ed.2d 154 (1988),[3] and that no basis was demonstrated for requiring the trial court to appoint other counsel.

Appellant on two occasions complained of the performance of his court-appointed counsel. The trial court held hearings on the complaints. The first hearing was about two months before the trial and the second was on the day of jury selection. The court made an inquiry in each hearing as to the basis of appellant's complaints. Appellant was allowed to state the reasons for his dissatisfaction with counsel. At the first hearing, the dissatisfaction centered upon appellant's seeking increased contact with his lawyer, more development of witness information, and more personal participation in his defense. In response, the trial judge addressed appellant's complaints about the lack of development of witness information. The judge granted counsel the authority to hire an investigator and continued the trial to allow time for development of witness information. In his complaints, appellant did not actually assert that counsel was incompetent. Rather, he objected to the manner in which counsel was conducting the defense. Even so, the trial judge stated that counsel was competent and had "tried many, many cases and met a great deal of success in some of the cases and had a great deal of experience."

At the second hearing, appellant's complaint was based on a discussion between counsel and appellant in a jail holding facility in the presence of an inmate who was the brother of a State witness. The judge allowed appellant to explain his complaint, asked counsel for his explanation of the client conference, and found counsel's explanation to be adequate. Thus, the trial court found no basis for granting appellant's motion to appoint new counsel.

As in Hardwick, we find nothing in the record of either hearing to establish that appellant's counsel was incompetent. We find this case similar to Lowe v. State, 650 So.2d 969 (Fla.1994), cert. denied, ___ U.S. ___, 116 S.Ct. 230, 133 L.Ed.2d 159 (1995), and Capehart v. State, 583 So.2d 1009 (Fla. 1991), cert. denied, 502 U.S. 1065, 112 S.Ct. 955, 117 L.Ed.2d 122 (1992), in each of which we concluded that the trial courts did not err in denying motions for new court-appointed counsel.

*677 With respect to appellant's Faretta contention, we have carefully examined the record of the hearings, and we find no Faretta violation. Faretta requires that a defendant be allowed self-representation when the defendant clearly and unequivocally declares to the trial judge a desire for self-representation and the judge determines that the defendant has knowingly and intelligently waived the right to be represented by a lawyer. Faretta at 835-36, 95 S.Ct. at 2541. No such declaration to the judge was made in this case. Appellant asked the judge to allow him to assist in his own defense by acting as co-counsel or stand-by counsel along with a court-appointed lawyer. The judge focused upon that request when he made inquiries of appellant, and we find no abuse of discretion in the trial court's denial of the request to act as co-counsel.

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Bluebook (online)
699 So. 2d 674, 1997 WL 417308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-state-fla-1997.